Can Eminent Domain be Stopped?

When challenging an action for eminent domain, the property owner generally has two avenues. The two avenues that can be used to stop or challenge a taking are found in the Fifth Amendment of the United States Constitution. First, the property owner can challenge the taking on the grounds of “public use.” Second, the property owner can challenge the taking on the grounds of “just compensation.”

            In the Fifth Amendment of the United States Constitution, the government is limited to taking property for “public use.” At first glance, most might think the application of this law would only allow the government to take land that the public will directly enjoy using. This would entail things such as parks, roads, railways, etc.

However, in recent years, the Court has expanded “public use” to include takings that will allow for economic development. Therefore, it has become more difficult to argue against the public use requirement. However, by consulting an eminent domain attorney, a property owner will be able to determine whether they can argue that point or not.

            The North Carolina Supreme Court stated its own “public use” test. The test asks whether the taking is for a public use that is for the general public, not a use by (or for) particular individuals. This test mirrors the Federal test closely. This means that the implications are basically the same.

            In essence, the only way to truly stop an eminent domain case is to prove that the taking is not for a valid public use. If a property is condemned so that a casino in a remote location may be built, then it is more likely a public use will not be found. However, most property owners argue with the government on the issue of just compensation. Again, without proving the taking is not for a valid public use, then the property will be taken. The property owner at that point should then focus on getting their best price possible.

Our firm focuses on three practice areas: Disability, Personal Injury, and Eminent Domain. Every practice area has attorneys who have expertise in their respective area of practice. 

Chad Brown is a North Carolina Board Certified Social Security disability law specialist. Mr. Brown helps Social Security disability claimants at all stages of the disability process. He also works with people that have Long Term Disability denials and with people that are injured by drugs and defective medical products.

Your Questions Answered

How Can Eminent Domain Be Used?

            Typically, the government or a public utility will attempt to use eminent domain in order to complete a project. The authority that seeks to use eminent domain activates its right to eminent domain...

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How Does the Eminent Domain Process Work?

The process for exercising eminent domain will vary depending on who the condemning authority is. For example, in North Carolina, the process for a private entity condemning property is different from the standards and procedures that the North Carolina Department of...

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Can Eminent Domain Be Used to Take Personal Property?

To adequately answer the question, it is necessary to define what “personal property” is first. Personal property includes property that is both tangible and intangible which is not permanently attached to land. Tangible property is physical in nature. Meaning that...

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